quashing of FIR/RC
No.2172022A0002, under Section 120B read with Section 477A IPC &
Section 13(2) read with Section ... Delhi on 29.03.2022 under Section 120B read with Section 477A IPC &
Section 13(2) read with Section
Station Case No.237 of
2010 dated 25.07.2010 under Sections 471 / 477A of Indian Penal Code was
registered for investigation against present petition. During ... opinion,
who initially opined that charge sheet be filed under Section 477A Indian
Penal Code; but as the investigating agency found the same
offence U/s 420/34 IPC . After receiving the charge-
sheet, further investigation u/s 173(8) Cr.P.C. was directed ... commits "criminal breach
of trust".
16. Section 477A IPC provides as under:-
477A.Falsification of accounts.- Whoever, being
a clerk, officer
bearing No. RC0032022A0053 was registered under Sections
120B read with Section 477A of the Indian Penal Code, 1860 (hereinafter
referred to as " IPC ... that the FIR bearing No.
RC0032022A0053 under Section 120-B read with Section 477A IPC and
Section
dated
30.04.2019 Sections 409 / 420 / 467 / 471 / 477A of the Indian
Penal Code read with section 66D / 71 of the Information
Technology ... under Sections
12
409 / 420 / 467 / 471 / 477A of the Indian Penal Code read with
Section 66D / 71 of the Information Technology
JMFC,
Baroda for the offences under Sections 420 and
477A read with Section 34 of IPC on a set of facts.
The JMFC ... conviction under
Section 420 of IPC in spite of acquittal for the
offence under Section 477A of IPC
section 439 of the Code of Criminal Procedure, 1973
(hereinafter referred to as "the Code") read with section 482 of the
Code ... section 439 of the Code read with section 437 of the Code and first
proviso of section 437(1) of the Code which was dismissed
well as co-
accused Shanti lal for offence under Section 467 , 468 , 471 , 477A
IPC also but the police did not find ... prosecution has failed to prove the charges under
Sections 409 , 420 and 477A IPC against the Appellant
beyond reasonable doubt. As a necessary
Amicus Curiae submitted that on
facts, the offences under Sections 420 and 477A of the IPC would be
made out and the conviction ... offence
under Section 408 of the IPC. Further , in support of his submission that
the offence under Section 477A IPC
offences U/s 467 &
U/s 468 IPC .
16. The liability of accused with respect to offence U/s 471
IPC ... being discussed separately alongwith the discussion qua
the offence U/s 477A IPC for which the accused has been
separately charged, as both